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NAVY | BCNR | CY1999 | 00039-99
Original file (00039-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

T JR 
Docket No:  39-99 
22 July 1999 

Dear +YIIIIYIIILic 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, United 
States Code, Section 1552. 

b' 

A three-member panel of the Board for Correction of Na-1 
Records, sitting in executive session, considered your 
application on 13 July 1999.  Your allegations of error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings of this 
Board.  Documentary material considered by the Board consisted of 
your application, together with all material submitted in support 
thereof, your naval record, and applicable statutes, regulations, 
and policies. 

After careful and conscientious consideration of the entire 
record, the Board found the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

The Board found you enlisted in the Marine Corps on 27 May 1971 
at the age of 20.  Your record reflects that on 25 January 1972 
you were convicted by general court-martial  (GCM) of conspiracy, 
forcible sodomy, three instances of assault, committing an 
indecent, lewd, and lascivious act, and two incidents of 
comunicating a threat.  You were sentenced to confinement at 
hard labor for 10 years, forfeiture of all pay and allowances, 
and a dishonorable discharge  (DD).  On 15 October 1973 you 
submitted a written request for clemency.  However, the discharge 
authority denied your request.  Subsequently, the findings and 
sentence of the GCM  were reviewed by the convening authority, who 
set aside one specification of assault and reduced the 
confinement to six years, but otherwise approved the findings and 
sentence.  The Navy Court of Military Review approved the 
findings, as modified by the convening authority, but further 
reduced the confinement to three years.  Accordingly, the DD was 
ordered executed and you were so discharged on 21 November 1973. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and irmnaturity and your contention that you would like 
your discharge upgraded.  However, the Board concluded these 
factors were not sufficient to warrant recharacterization of your 
discharge given the serious nature of your misconduct for which 
you were convicted by GCM.  Along these lines, the Board noted 
that you received considerable clemency when the sentence to 
confinement was reduced from 10 years to three years.  Given all 
the circumstances of your case, the Board concluded your 
discharge was proper and no change is warranted.  Accordingly, 
your application has been denied. 

The names and votes of the members of the panel will be furnished 
upon request. 

It is regretted that the circumstances of your case are such that 
favorable action cannot be taken.  You are entitled to have the 
Board reconsider its decision upon submission of new and material 
evidence or other matter not previously considered by the Board. 
In this regard, it is important to keep in mind that a 
presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval 
record, the burden is on the applicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, 

W.  DEAN PFEIFE'ER 
Executive Director 



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